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(d) The home must have at least one readily accessible, operable fire extinguisher; J. Licensing Decisions and Fair Hearings. (1) The department shall explain to kin any assessment and recommendations made pursuant to these regulations. If at any time the department is not recommending licensure, the department must give kin the opportunity to withdraw the application. If the kin does not withdraw the application, the department shall provide a written explanation of its decision and advise the kin of any right to appeal in accordance with the department’s fair hearing regulations. (2) If the matter is not otherwise being brought before the court for disposition, kin may appeal adverse decisions related to licensure in accordance with the department’s fair hearing regulations. K. Delayed Effect. This regulation takes effect upon receipt of kinship foster program funding. HISTORY: Added by SCSR 49–5 Doc. No. 5296, eff May 23, 2025. SUBARTICLE 9 RESIDENTIAL GROUP CARE FACILITIES FOR CHILDREN (Statutory Authority: 1976 Code § 63–11–30) 114–590. Licensing of Residential Group Care Organizations for Children. A. General Purpose and Compliance with Other Laws. The South Carolina Department of Social Services is authorized to license residential group care organizations for children. In carrying out this authority, the overall purpose of licensing by the agency is to promote the provision of a temporary, safe, stable and humane environment for children who are placed in residential group care settings, and that these settings include adequate supervision, supports for mental and physical health, safe physical facilities, and opportunities for appropriate learning experiences to maximize the potential of each child to be well-adjusted, responsible and independent. When interpreting and enforcing these regulations, regulations that provide greater specificity supersede regulations that are more general in nature and are therefore, the controlling authority. All residential group care organizations shall comply with these regulations and all other applicable requirements of State and Federal law. B. Definitions. (1) ‘‘Age- or developmentally-appropriate activities’’ means activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. (2) ‘‘Behavior intervention’’ means any containment, management or treatment technique or procedure used to intervene in a child’s behavior when that behavior poses a clear and present danger of serious physical harm to the child or to others. (3) ‘‘Caregiver’’ means any of the following: A person who is, or is expected to be, an employee or contractor of a facility, who is or is expected to be under the control of the facility, as defined by the Agency by rule, and who has, or is expected to have, regular, direct unsupervised contact with children of the facility. (4) ‘‘Care plan’’ means a written plan of services to meet the specific goals and care needs of a child. (5) ‘‘Chemical restraints’’ mean drugs administered to temporarily restrain a child who poses a threat to harm themselves or others. (6) ‘‘Child’’ means a person under the age of twenty-one.